in a given state with the intention of remaining. We believe that the case is distinguishable. There plaintiff sought to prove that the defendant was not a resident of Louisiana, but remained one of Arkansas. However, defendant had sold his businesses in Arkansas; moved to Louisiana; lived in an apartment there in a building which he owned; maintained an auto dealership; and voted. In the instant case, as will be seen, plaintiff has virtually no ties with Ohio.
Plaintiff asks that the fact that he has not voted in Ohio not be given controlling importance, and cites Watters v. Ralston Coal Co., 38 F. Supp. 16 (M.D. Pa. 1941). As here, plaintiff in Watters was required to be absent from Ohio for long periods of time; but asserted that he remained a resident of that state. While Watters did not vote in Ohio, he stored six rooms of furniture there, and maintained a safe deposit box. Plaintiff here not only does not vote in Ohio; he neither owns nor maintains any property, real or personal, nor does he have a bank account.
Plaintiff urges in his brief that his entire deposition be read, that only there can the full import of his intention to return to Ohio be gleaned. This Court has of course read this deposition many times, and searchingly. They reveal only a self-serving allegation on the part of plaintiff to leave this jurisdiction and return to Ohio. Quoting from the deposition:
Q. [By plaintiff's counsel]: What was your residence at that time? [The time of the accident, March 27, 1967.]
A. Where I lived before I -- where I came from?
A. Well, I think I know what you are getting at. 7418 Lynwood Street, Cleveland, Ohio.
Q. Now, were you a member of any union at that time?
Q. What union were you a member of?
A. Of Local 500, Toledo, Ohio.
Q. And what is the name of that union?
A. The Hod Carriers and Laborers Union, affiliated with the C.I.O. [Notes of Deposition 46; hereinafter N.D.]
The only connection with Ohio which plaintiff maintains is his union membership, which we shall assume is current, although no allegation to that effect has been introduced.
A thorough reading of the deposition indicates no other connection with another jurisdiction. Indeed, before coming to Pennsylvania, plaintiff worked in Maryland and West Virginia, and Saint Charles, Missouri. Quoting further from the deposition:
Q. [By defendant's counsel]: Were all of these jobs that you did at Bethlehem Steel right after each other, or did you have assignments somewhere else in between?
A. We had assignment [sic] elsewhere. I went down into West Virginia, and then I had an assignment of staying at home until the other job got ready to be done.
Q. Where did you stay at home?
A. During that time when I was going home, I went to Cleveland, Ohio.
Q. Would you be able to tell us when you lived in Cleveland, Ohio?
A. Oh, I lived in Cleveland, Ohio, off and on, ever since '65. Off and on. [Emphasis supplied.] [N.D. 9-10.]
Plaintiff advances the argument that he is a resident of Pennsylvania at this time because it is a medical necessity for him to remain near to those physicians who are presently treating him, and that, because of his infirmities, it is easier for him to remain in this jurisdiction awaiting the outcome of this litigation than it is to return to Ohio. This is undoubtedly correct. But even the question of plaintiff's medical care lends credence to the premise that he is not committed to any area. Plaintiff testified in his deposition that he made Pennsylvania his home under doctor's orders, but that, "* * * if I felt like I wasn't going to get well, like I did before, I'd go somewhere where I can." [N.D. 51.]
Aside from his union membership, plaintiff advances only one indicia of Ohio citizenship. Quoting again from the transcript:
Q. [By plaintiff's counsel]: Was there any address required of you when you came to work here?
A. As I said before, 7418 Lynwood Street, Cleveland, Ohio.
Q. For what purpose did you give that address?
A. I give [sic] that address just in case something happened to me, then who to contact, you know, where to contact and where I live.
Q. That's where you lived at the time?
Q. And you came here solely for the purpose of the work?
A. Yeah. Yeah. Sure.
Q. You didn't come here to live, did you?
A. Oh, no. No.
Q. Nothing further. [N.D. 48-49.]
"One's testimony with regard to his intention [to make a particular place his domicile] is of course to be given full and fair consideration, but is subject to the infirmity of any self-serving declaration, * * *" District of Columbia v. Murphy, 314 U.S. 441, 456, 62 S. Ct. 303, 310, 86 L. Ed. 329 (1941).
"* * * What is in another man's mind must be determined by what he does as well as by what he says.
"Residence in fact, and the intention of making the place of residence one's home, are essential elements of domicile. Words may be evidence of a man's intention to establish his domicile at a particular place of residence, but they cannot supply the fact of his domicile there. In such circumstances, the actual fact of residence and a real intention of remaining there, as disclosed by his entire course of conduct, are the controlling factors in ascertaining his domicile. * * *" Stine v. Moore, 213 F.2d 446, 448 (5th Cir. 1954).